SusanS9
Posts: 56
Posts: 56
Posted:
If a homeowner is installed as board member despite no quorum, what recourse do homeowners have to remove him? Is there a statute of limitations for removal? Are his votes valid while he is a board member?
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Board Membership
Started by SusanS9 • 9 replies • 1736 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
RobertR1
Posts: 5,115
Posts: 5,115
Posted:
Susan,
See what your documents say or state law. I would image your board has authority to appoint member to board until a meeting can be held. It should be in your documents as to specifics. You are not telling trhe whole story Susan, that's plain. Why and who wants to kick the guy off. Your documents will tell you how to recall a member or all the board. However, your most urgent problem is you all can't make quorum. Who's fault is that. The owners are just as obligated to protect the association as the board, again, your documents. The owners elect the Board and if the owners don't like the way the association is being run thay have the obligation to change it, don't sit back and blame the Board, and that certainly is one of your hoa problems. All the owners are obligated for the long haul, notice term of most mortgages. You are not going to dig out of the hole you are in overnite. Time and effort is the only thing that will get you to where you shuld be, and frankly, you have no choice but to try and improve you association, either inside (preferrably) or outside. But if you want change you need control, you get control by taking back control when you let it slip away by whatever means. Get some owners together, sit down and talk about what is going on.
Above is just an opinion, take or leave what you want.
See what your documents say or state law. I would image your board has authority to appoint member to board until a meeting can be held. It should be in your documents as to specifics. You are not telling trhe whole story Susan, that's plain. Why and who wants to kick the guy off. Your documents will tell you how to recall a member or all the board. However, your most urgent problem is you all can't make quorum. Who's fault is that. The owners are just as obligated to protect the association as the board, again, your documents. The owners elect the Board and if the owners don't like the way the association is being run thay have the obligation to change it, don't sit back and blame the Board, and that certainly is one of your hoa problems. All the owners are obligated for the long haul, notice term of most mortgages. You are not going to dig out of the hole you are in overnite. Time and effort is the only thing that will get you to where you shuld be, and frankly, you have no choice but to try and improve you association, either inside (preferrably) or outside. But if you want change you need control, you get control by taking back control when you let it slip away by whatever means. Get some owners together, sit down and talk about what is going on.
Above is just an opinion, take or leave what you want.
HB
Posts: 143
Posts: 143
Posted:
Most associations allow the Board to appoint another Board member midterm or if quorum is not met at the annual meeting.
The recall for the Board member would be the same as any other, as outlined in your association documents.
The recall for the Board member would be the same as any other, as outlined in your association documents.
MaryA1
Posts: 6,993
Posts: 6,993
Posted:
Susan,
If there was no quorum (I'm assuming you're referring to the annual meeting), how was this person elected? If the person was appointed by the board, the appointment would have taken place at a board meeting where only a quorum of the board is required.
Most assn docs require a vote of the members to remove a board member from the board. I know of no statute of limitations to recall a board member.
If he was legally elected or appointed to the board then his votes are valid. However, if the member(s) want to question the legality, they most likely would have to bring a legal action against this board member.
Please give us more info on how this person was elected/appointed to the board.
If there was no quorum (I'm assuming you're referring to the annual meeting), how was this person elected? If the person was appointed by the board, the appointment would have taken place at a board meeting where only a quorum of the board is required.
Most assn docs require a vote of the members to remove a board member from the board. I know of no statute of limitations to recall a board member.
If he was legally elected or appointed to the board then his votes are valid. However, if the member(s) want to question the legality, they most likely would have to bring a legal action against this board member.
Please give us more info on how this person was elected/appointed to the board.
SusanS9
Posts: 56
Posts: 56
Posted:
Homeowners apathetic, did not notice that despite no quorum was achieved, homeowner became board member.
RobertR1
Posts: 5,115
Posts: 5,115
Posted:
Susan,
What exactly are you looking for. What do you want to do and why. You refer to owners being apathetic as some kind of anti Hoa group. They can be as apathetic as any other owners across the world but, they are members of the association, like it or not. The fact a new board member was added to the board as nothing to do with do nothing owners. If the were active how would you know they would not elect this person. All that aside.
You are going to have to open up and tell us why this new member is causing you such a problem. If you are presenting an accurate picture, it would appear a new board member is the least of you problems. Tell us how your HOA is structured and if records are kept, who runs the show, why are you unhappy, what else is going on. You are not going to be able to go to court and throw the board member in jail, but you can talk to them, disagree with them speak your piece without libel, organize your neighbors to unseat or change you management, and you can do this without cause by following your documents. Best to all sit down at table and work your problems out.
What exactly are you looking for. What do you want to do and why. You refer to owners being apathetic as some kind of anti Hoa group. They can be as apathetic as any other owners across the world but, they are members of the association, like it or not. The fact a new board member was added to the board as nothing to do with do nothing owners. If the were active how would you know they would not elect this person. All that aside.
You are going to have to open up and tell us why this new member is causing you such a problem. If you are presenting an accurate picture, it would appear a new board member is the least of you problems. Tell us how your HOA is structured and if records are kept, who runs the show, why are you unhappy, what else is going on. You are not going to be able to go to court and throw the board member in jail, but you can talk to them, disagree with them speak your piece without libel, organize your neighbors to unseat or change you management, and you can do this without cause by following your documents. Best to all sit down at table and work your problems out.
RichardP13
Posts: 1,760
Posts: 1,760
Posted:
If the governing docs allow for the members present to adjourn to a new meeting and they weren't allowed and the board added a member to the board instead, this is wrong and against the rules. IMO, there is no way to justify this kind of behavior from a board.
MaryA1
Posts: 6,993
Posts: 6,993
Posted:
Quote:
Posted By SusanS9 on 01/17/2010 8:42 PM
Homeowners apathetic, did not notice that despite no quorum was achieved, homeowner became board member.
Homeowners apathetic, did not notice that despite no quorum was achieved, homeowner became board member.
Susan,
You've still failed to give us the info we need to determine if the board really did anything wrong. Exactly how was this member installed on the board? Was he elected at the meeting although there was no quorum or did the board appoint him at a board meeting?
JohnB31
Posts: 10
Posts: 10
Posted:
In Florida it is 30% of the number of units. Check your states staues
DonnaS
Posts: 5,596
Posts: 5,596
Posted:
Susan,
We dod not know what kind of meeting this Board member was appointed at. You don't need a quorum to hold Board meetings in most cases and he may have been appointed by the remaining Board members without the quorum. You need to check your own documents forst to find out what powers your Board has in appointments. But we still need to knw what kind of meeting this was.
John,
Are you referring to a quorum being 30% from the Statutes? Reading the Statutes says "
"720.306 Meetings of members; voting and election procedures; amendments.--
(1) QUORUM; AMENDMENTS.--
(a) Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests. Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained.
The key word here is the first word-UNLESS. My HOA uses 20%
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here